Case number and/or case name
I ACz 646/13 (SA w Białymstoku)
Details of the court
Poland, Second Instance
Articles referred to by the court
Date of the judgement
24 July 2013
CJEU's case law cited by the court
Summary
The court of first instance declared the judgement issued by an Austrian court enforceable, but it did not issue the enforcement order. Accordingly, the applicant appealed against the decision. The court of second instance stated that the court of first instance should have issued the enforcement order. It pointed out that according to Article 40 of the Brussels I Regulation the procedure for making the application shall be governed by the law of the Member State in which enforcement is sought. It stated that according to the Polish Code of Civil Procedure the judgement is enforceable if the enforcement order is issued. Consequently, the appellate court changed the decision of the court of the first instance and issued the enforcement order.